HomeMy WebLinkAboutT-4405 - Agreement/Covenant - 7/6/2006 (2) 9318 19 7 1 h4WROEa AT REQUEST OFCHICA
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P.W. File No . 9323 Development Depart nt
UGM No . 458 City of Fresno
STATEMENT OF COVENANTS
FOR UGM FIRE STATION AND PARK FEES
AND CREATION OF LIEN
Tract No. 4405
RECITALS
WHEREAS, WEST CAL, INC . , a California Corporation, hereinafter
referred to as "the Covenantor , " is the owner of that certain real
property in the City of Fresno , County of Fresno , State of
California , hereinafter referred to as "the Subject Property" and
more particularly described in attached Exhibit "A" , said property
being further subdivided by the final map of Tract No . 4405 ,
consisting of ninety-seven (97) lots ; and
WHEREAS, the Covenantor hereby warrants that any and all parties
having record title interest in the Subject Property which may ripen
into a fee have subordinated to this instrument ; and
WHEREAS, all such instruments of Subordination, if any, are
attached hereto and made a part of this instrument; and
WHEREAS, the Subject Property is subject to UGM Fire Station and
Park fees pursuant to Sections 12-4 . 508 and 12-4 . 509 of the Fresno
Municipal Code and Resolution No . 83-40 in the estimated amount of
Statement of Covenants
Tract No . 4405
Page 2
Sixty Five Thousand Eight Hundred Sixty-Nine and 20/100 Dollars
($65 , 869 . 20) for the following :
UGM Fire Station Fee
Service Area No . 21
Zone District : R-1/UGM
21 . 40 Gross Ac @ $1 , 388 . 00/Ac = $29 , 703 . 20
UGM Neighborhood Park Fee
Service Area No. 7
Zone District : R-1/UGM
21 .40 Gross Ac @ $1, 690 . 00/Ac = $36 , 166 . 00
Total Estimated Amount $65 , 869 . 20; and
WHEREAS, Covenantor desires to have a Final Tract Map
subdividing the Subject Property approved by the City of Fresno; and
WHEREAS, Covenantor desires to defer payment of the UGM Fire
Station and Park fees until such time that the issuance of building
permits is requested by the Covenantor or his successors and assigns
for such construction.
COVENANTS, CONDITIONS. AND RESTRICTIONS
For favorable action on, and approval of , the Covenantor ' s Final
Tract Map upon the Subject Property, as referred to hereinabove,
Covenantor hereby covenants as follows :
1 . All UGM Fire Station and Park fees attributable to
development of Subject Property shall be paid prior to the
issuance by the City of Building Permits for structures to
be built upon the Subject Property . Such fees may be paid
for individual parcels , if applicable .
Statement of Covenants
Tract No . 4405
Page 3
2 . The UGM fees due shall be calculated by the City at the
time of their payment, and shall be those amounts most
recently established by the Council .
3 . Covenantor hereby waives any and all rights he may have
pursuant to Government Code Section 65961 .
Each of the covenants , conditions, and restrictions contained in
this Statement shall run with the Subject Property and shall be
binding upon each successive owner of the Subject Property, his
heirs , representatives, successors and assignees .
The Covenantor hereby creates a lien upon the Subject Property
to guarantee the performance of the obligations of the Covenantor
contained in this Statement .
The conditions of this Statement are intended to benefit the
public and public properties . Accordingly, the City of Fresno shall
have the right to enforce this Statement by any legal or equitable
means . All obligations of the Covenantor in this Statement shall
inure solely to the benefit of the City of Fresno . There are no
third party beneficiaries of said obligations nor shall the right of
the City of Fresno be transferable in any manner to any person other
than to a successor municipal corporation whose geographic
boundaries include the Subject Property.
The conditions and obligations of this Statement shall remain in
full force and effect until such time as the Director of the
Development Department of the City of Fresno issues a written
release of such conditions and obligations .
Statement of Covenants
Tract No . 4405
Page 4
The provisions of this Statement shall be deemed independent and
severable and the invalidity or partial invalidity or
unenforceability of any one provision or portion thereof shall not
affect the validity or enforceability of any one provisions hereof .
Whenever the context of the Statement so requires , in interpreting
this Statement , any gender includes the other genders , the singular
includes the plural, and the plural includes the singular .
DATED: `/? 9, / 9 9 3
CITY OF FRESNO, COVENANTOR
a Municipal Corp ation
WESTCAL, INC. , a California
By Corporation
Alvin-'*P' . Solis , Director
Development Department
APPROVED AS TO FORM: By: Ar "ngesident
J S P . OUGH
City t me
By:
By nadelle
Deputyent
J�By: z
Dean Pryor
Chief Financial Officer
(Attach Notary Acknowledgment)
Statement of Covenants
Tract No . 4405
Page 5
CLERK' S CERTIFICATE
STATE OF CALIFORNIA )
ss .
COUNTY OF FRESNO )
On 1993 before me, —"r
personally appeared fiL -n. . " ;ms's r�,' 'L=
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the persons(xj whose name($) is/&Ee subscribed to the
within instrument and acknowledged to me that he/she,4t .ey executed
the same in his/` - authorized capacity(ie&) , and that by
his/her th signature(X) on the instrument(,) the person(jV) , or the
entity upon behalf of the CITY OF FRESNO of which the person(X)
acted, executed the instrument.
WITNESS my hand and official seal .
JACQUELINE L. RYLE, CMC
CITY CLERK
By Ccs OL-1,
DEPUTY
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F STATE OF CALIFORNIA
COUNTY OF Fresno S.S.
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Wa On _ October 14, 1993 before me,
0
Anna M. Renna
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0 a Notary Public in and for said County and State,personally appeared
< arFOR NOTARY SEAT.OR STAMP
o Je= A. DeYoung Jc)hn_ A. Bonade l I e F,
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personally known to me(or proved to me on the basis of satisfactory
evidence)to be the person(s)whose namels) is/are subscribed to the
within instrument and acknowledged to me that helshetthey executed I OFFICIAL SEAL
the same in his/her/their authorized capacity(es),and that by his/her/their ANNA NL RENNA
VOTARY PUBLIGCALIFORNIA
signature(s)on the instrument the person(s),or the entity upon behalf NOTARY BOND Ft.Et)IN
FRESNO COUNTY i
of which the person(s) acted, a uteri the instrument. My Can,masor,E,p.Atm 30.-9%
WITNESS y h d and official ai
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Signatur
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EXHIBIT "A"
THAT PORTION OF THE WEST HALF OF SECTION 24 , TOWNSHIP 12 SOUTH,
RANGE 20 EAST, MOUNT DIABLO BASE AND MERIDIAN ACCORDING TO THE
UNITED STATES GOVERNMENT TOWNSHIP PLAT APPROVED BY THE SURVEYOR
GENERAL ON AUGUST 1, 1874 , DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 24 ; THENCE NORTH
000 49 ' 11" EAST, A DISTANCE OF 1855 . 75 FEET TO A POINT DISTANT
THEREON, 3427 . 09 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SECTION
24 , SAID POINT ALSO BEING ON THE WESTERLY PROLONGATION OF THE NORTH
LINE OF TRACT NO. 4382 , RECORDED IN VOLUME 54 OF PLATS AT PAGES 53
THROUGH 55 , FRESNO COUNTY RECORDS, AND THE TRUE POINT OF BEGINNING
OF THIS DESCRIPTION; THENCE CONTINUING NORTH 000 49 ' 11" EAST, A
DISTANCE OF 241 . 59 FEET TO THE CENTERLINE OF THE ENTERPRISE CANAL AS
SHOWN ON PARCEL MAP NO. 2811, RECORDED IN BOOK 19 OF PARCEL MAPS AT
PAGE 3 , FRESNO COUNTY RECORDS; THENCE NORTH 370 03 ' 10" EAST, ALONG
SAID CENTERLINE, A DISTANCE OF 83 . 27 FEET; THENCE SOUTH 020 43 ' 44"
WEST, LEAVING SAID CENTERLINE, A DISTANCE OF 3 . 03 FEET; THENCE SOUTH
89° 10 ' 49" EAST, A DISTANCE OF 110 .06 FEET; THENCE NORTH
02° 43 ' 44" EAST, A DISTANCE OF 104 .31 FEET; THENCE SOUTH
89° 10 ' 49" EAST, A DISTANCE OF 58 .35 FEET; THENCE ALONG A CURVE TO
THE LEFT, CONCAVE TO THE NORTH, WITH A RADIUS OF 2475 . 00 FEET,
THROUGH A CENTRAL ANGLE OF 020 37 ' 01" , AN ARC LENGTH OF 113 . 04
FEET; THENCE NORTH 000 49 ' 11" EAST, A DISTANCE OF 73 . 45 FEET;
THENCE NORTH 06° 50 ' 36" EAST, A DISTANCE OF 85 . 77 FEET; THENCE
NORTH 000 49 ' 11" EAST, A DISTANCE OF 138 . 37 FEET TO THE CENTER LINE
OF SAID ENTERPRISE CANAL; THENCE NORTH 370 03 ' 10" EAST, ALONG THE
CENTERLINE OF SAID ENTERPRISE CANAL, A DISTANCE OF 168 . 33 FEET;
THENCE SOUTH 88° 25 ' 04" EAST, LEAVING SAID CENTERLINE, A DISTANCE
OF 102 . 58 FEET; THENCE NORTH 890 40 ' 23" EAST, A DISTANCE OF 363 . 88
FEET; THENCE ALONG A CURVE TO THE RIGHT, CONCAVE TO THE SOUTH, WITH
A RADIUS OF 847 . 00 FEET, THROUGH A CENTRAL ANGLE OF 130 46 ' 09" , AN
ARC LENGTH OF 203 . 55 FEET; THENCE SOUTH 130 26 ' 32" WEST, A DISTANCE
OF 94 . 00 FEET; THENCE WESTERLY ALONG A NON-TANGENT CURVE TO THE
LEFT, CONCAVE TO THE SOUTHWEST, WITH A RADIUS OF 753 . 00 FEET, A
RADIAL BEARING OF NORTH 13° 26 ' 32" EAST, THROUGH A CENTRAL ANGLE OF
00° 17 ' 58" , AN ARC LENGTH OF 3 . 94 FEET; THENCE SOUTH 560 18 ' 58"
WEST, A DISTANCE OF 16 . 56 FEET; THENCE SOUTH 090 56 ' 47" WEST, A
DISTANCE OF 37 . 44 FEET; THENCE ALONG A CURVE TO THE LEFT, CONCAVE TO
THE EAST, WITH A RADIUS OF 470 . 00 FEET, THROUGH A CENTRAL ANGLE OF
09" 07 ' 36" , AN ARC LENGTH OF 74 . 87 FEET; THENCE SOUTH 0011 49 ' 11"
WEST, A DISTANCE OF 176 . 46 FEET; THENCE SOUTH 46° 10 ' 06" EAST, A
DISTANCE OF 16 . 37 FEET; THENCE EASTERLY ALONG A NON-TANGENT CURVE TO
THE LEFT, CONCAVE TO THE NORTH, WITH A RADIUS OF 2475 . 00 FEET, A
RADIAL BEARING OF 03° 17 ' 43" EAST, THROUGH A CENTRAL ANGLE OF
01" 22 ' 06" , AN ARC LENGTH OF 59 . 11 FEET; THENCE ALONG A REVERSE
CURVE TO THE RIGHT, CONCAVE TO THE SOUTH, WITH A RADIUS OF 2775 . 00
FEET, THROUGH A CENTRAL ANGLE OF 08° 30 ' 28" , AN ARC LENGTH OF
412 . 06 FEET; THENCE ALONG A COMPOUND CURVE TO THE RIGHT, CONCAVE TO
THE SOUTHWEST, WITH A RADIUS OF 50 . 00 FEET, THROUGH A CENTRAL ANGLE
OF 850 54 ' 25" , AN ARC LENGTH OF 74 . 97 FEET; THENCE SOUTH
00° 14 ' 56" EAST, A DISTANCE OF 47 . 35 FEET; THENCE NORTH 89° 45 ' 04"
EAST, A DISTANCE OF 105 . 00 FEET; THENCE SOUTH 000 14 ' 56" EAST, A
DISTANCE OF 305 . 00 FEET TO THE NORTHEAST CORNER OF SAID TRACT NO.
4362; THENCE SOUTH 890 16 ' 05" WEST, ALONG THE NORTH LINE OF SAID
TRACT NO . 4362 AND ITS WESTERLY PROLONGATION THEREOF, A DISTANCE OF
1702 . 98 FEET TO THE TRUE POINT OF BEGINNING .
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